Testing the Regulator's Priorities: To Sanction Wrongdoers or Compensate Victims?
Dublin Core
Title
Testing the Regulator's Priorities: To Sanction Wrongdoers or Compensate Victims?
Description
As Australian corporate conduct came under intense and highly publicised scrutiny during the banking Royal Commission, so too did the conduct of the conduct regulator: the Australian Securities and Investments Commission (‘ASIC’). Following the Royal Commission, the regulator has adopted what it describes as ‘“Why not litigate?” operational discipline’ — a concept elaborated and recommended by Commissioner Hayne which is now the central tenet of ASIC’s updated enforcement model. This article discusses the hierarchy of strategic priorities evident in that enforcement model and asks: should the regulator focus its resources on compensating those harmed by regulatory contraventions rather than sanctioning those who have broken the law?
Creator
Peake, Lachlan
Source
The University of Queensland Law Journal; Vol. 39 No. 2 (2020): The University of Queensland Law Journal; 277-311
1839-289X
0083-4041
Publisher
The University of Queensland School of Law
Date
2020-08-24
Rights
Copyright (c) 2020 The University of Queensland Law Journal
Relation
Format
application/pdf
Language
eng
Type
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
Identifier
Collection
Citation
Lachlan Peake, Testing the Regulator's Priorities: To Sanction Wrongdoers or Compensate Victims?, The University of Queensland School of Law, 2020, accessed November 6, 2024, https://igi.indrastra.com/items/show/2638